Appreciable Impairment Offenses: If you refuse to take a chemical test, the State might still be able to prove you guilty of an OVI if they prove (beyond a reasonable doubt) that you operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired. How does a jury determine “under the influence?” The following is an excerpt from the Ohio Jury Instructions regarding appreciable impairment cases:
“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and...